Fiji's police Commissioner says he is not returning to be arrested by military

Fiji's Australian police commissioner, Andrew Hughes, says he is not returning to the country to be arrested by the military.

Mr Hughes has told the media in Australia that four fully armed soldiers had come to his gate but departed because they were outnumbered by police officers including members of the armed Police Tactical Response Unit.

Mr Hughes says there is a volatile situation in Fiji and he is not going to go back to work for an unlawful government.

He says he has not resigned and continues to run the Fiji police from Australia by phone, fax and email.

Mr Hughes says he had become an antagonistic factor in the negotiations between the prime minister and the military commander in Wellington this week and had left because he was becoming part of the problem rather than the solution.

He says his loyalty is to the constitution of Fiji and the rule of law and whenever that is intact, he will have a job to do.